Allahabad High Court
Aradhna Singh And Another vs State Of U.P. And Another on 22 September, 2023
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:183744
Court No. - 88
Case :- APPLICATION U/S 482 No. - 26189 of 2023
Applicant :- Aradhna Singh And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Nitin Mukesh
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
1-This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge sheet dated 13.10.2022, cognizance / summoning order dated 03.07.2023 and proceedings of criminal case no. 4634 of 2023 (State vs. Aradhna Singh & others) arising out of case crime no. 59 of 2022, under Section 306 I.P.C., Police Station Kotwali Katra, District Mirzapur, pending in the court of Chief Judicial Magistrate, Mirzapur.
2-Heard learned counsel for the applicants and learned Additional Government Advocate for the State of U.P./opposite party no.1.
3-As per prosecution case in brief, opposite party no. 2-Ramlakhan Balmiki lodged a first information report on 31.03.2022 against his daughter-in-law and son, namely, Aradhana Singh (applicant no. 1) and Arjun Kumar Balmiki (applicant no. 2) for the offence under Section 306 I.P.C. making allegations inter-alia that on 31.03.2022 at about 07:00 in the morning, both the applicants started quarreling with him, when his daughter-Sapna tried to pacify, both the applicants started blaming her for the said dispute. F.I.R. also alleges that both the applicants were continuously instigating his daughter to commit suicide, due to which, she committed suicide.
4-It is argued by learned counsel for the applicants that the incident took place in the intervening night of 30/31.03.2022 and after the incident, Shyam Kumar who is brother of the applicant no. 2 gave an application dated 31.03.2022 to in-charge Inspector, Police Station Kotwali Katra, District Mirzapur mentioning therein that his sister namely Sapna Kumari has committed suicide in her room by hanging herself through scarf. When the family members came to know, they took down her body. The said information was entered in G.D. no. 030, dated 31.03.2022. It is next argued that in the said application, no allegation has been levelled against the applicants. He further submits that there are contradictions in the statement of the prosecution witnesses recorded during investigation. The applicant did not abet or instigate the deceased Sapna Kumari to commit suicide. The applicants have been falsely implicated in this case. Much emphasis has been given by contending that the correct facts are that the deceased Sapna Kumari was having love affair with her boyfriend, who belongs to different caste and on account of some dispute with him, she was very much upset because she was adamant to marry with her boyfriend but the opposite party no. 2 was not ready for the said marriage, due to which she has taken a bold step of committing suicide. The applicants are living at the ground floor whereas opposite party no. 2 lives at the first and second floor of the house, therefore, there was no question of any quarrel of the applicants with the deceased. Learned counsel for the applicant, placing reliance upon the judgment of the Apex Court in the case of Geo Varghese vs. The State of Rajasthan & Another, 2021 SCC OnLine SC 873, submits that no offence is made out against the applicants.
5-Per contra, learned Additional Government Advocate for the State refuting the submissions advanced on behalf of the applicants submitted that upon perusal of F.I.R. and on the basis of the allegations made therein as well as material collected during investigation as per prosecution case, the cognizable offence against the applicants is made out. The criminal proceedings against the applicants cannot be said to be abuse of the process of the Court. Hence this application is liable to be dismissed.
6-Here it would be relevant to mention that it is well settled that for abetment of suicide, there must be a reasonable certainty to incite the consequence. No standard or straight jacket formula can be laid down with regard to sensitivity of each individual, because different people behave differently in same situation. Sometime a comment passed against a person on lighter side are taken very seriously by such persons, who are hyper-sensitive while other persons, who are not so sensitive, behave differently, they ignore even serious comment made against them and try their best to face the situation. Therefore, each case has to be decided on the basis of its own facts and circumstances. If the accused insulted the deceased by words, deeds or conduct, which may provoke, urge or encourage the deceased to commit suicide is an abetment. To constitute abetment, the intention and involvement of the accused to aid or instigate the commission of suicide is imperative. In a case of suicide, the person who is said to have abetted the commission of suicide must have played an active role by an act of instigation or by doing certain act to facilitate the commission of suicide.
7-After having heard the submissions of the learned counsel for the parties and perusing the record, I find that applicant no. 2 is real brother of the deceased-Sapna Kumari. The applicant no. 1 is wife of applicant no. 2. The informant/complainant is father of deceased and applicant no. 2. In the F.I.R., the allegations has been levelled against the applicants alleging inter-alia that they used to blame and instigate the deceased to commit suicide and his daughter has committed suicide on the abetment and instigation of the applicants. The informant, in her statement under Section 161 Cr.P.C., has stated inter-alia that the applicants used to talk his daughter in abusing language, due to which she was very much upset and feel herself humiliated and insulted. As per the statement of informant, in the intervening night of 30/31.3.2021, applicants due to family dispute barged into his house and started making scuffle. Hearing the noise of quarrel, his sons Shyam Kumar, Ram Kumar and daughters Sandhya Kumari, Shobha Kumari and Sapna Kumari (deceased) and his wife Neelam Devi came there and intervene in the matter. At that time, the applicants made false allegation against the deceased using scandalous and derogatory words 'Bitch & Prostitute' (?????? ??? ????) for her. Thereafter she committed suicide. The mother of the deceased also supported the version of the informant.
8-Under the facts of the case, I also found that there is a proximate link between the unfortunate incident of suicide by Sapna and act of the accused applicants. The facts of the case reflect that she was hyper-sensitive girl and before committing suicide she was very much depressed and feels herself humiliated among her family members.
9-So far as judgments relied upon on behalf of the applicants are concerned, there is no dispute about the propositions laid down by the Apex Court, but the said judgments are distinguishable on the facts of the present case, hence, the same is not helpful to the applicants. It is well settled that every case turns on its own facts. Even one additional or different fact may make a big difference between the conclusion in two cases, because even a single significant detail may alter the entire aspect.
10-The grounds taken in the present application reveal that many of them relate to disputed question of facts. At the stage of summoning the accused, the court below is not required to go into the merit and demerit of the case. Genuineness or otherwise of the allegations cannot be even determined at the stage of summoning the accused.
11-This Court is of the view that the appreciation of evidence is a function of the trial court. This Court in exercise of power under Section 482 Cr.P.C. cannot assume such jurisdiction and put to an end to the process of trial provided under the law. It is also settled by the Apex Court in catena of judgments that the power under Section 482 Cr.P.C. at pre-trial stage should not be used in a routine manner but it has to be used sparingly, where allegations made in F.I.R. and the materials of charge sheet, taking on their face value and accepting in their entirety do not disclose the commission of any offence against the accused. Power under Section 482 of the Code of Criminal Procedure cannot be exercised where the allegations are required to be proved in court of law. The disputed questions of facts and defence of the accused cannot be taken into consideration at this pre-trial stage, which can be more appropriately gone into by the trial court at the appropriate stage.
12-Considering the facts, circumstances and nature of allegations against the applicants in this case, the cognizable offence is made out. At this stage it would not be appropriate to adjudge whether the case shall ultimately end in conviction or not. Only prima facie satisfaction of the Court about the existence of sufficient ground to proceed in the matter is required. There is no good ground to invoke inherent power under Section 482 Cr.P.C. by this Court.
13-The relief as sought by the applicants through the instant application is hereby refused.
14-This application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed.
Order Date :- 22.9.2023
Saurabh
